Floyd v. Unknown Nurse Assistant, 690 F. App'x 173

Floyd, a pretrial detainee in Brazoria County Jail, sued under 42 U.S.C. § 1983 alleging deliberate indifference to serious medical needs by an unnamed deputy (and earlier claims against a nurse assistant).
Relevant events: on Feb 23, 2014 the deputy allegedly assisted in removing a plastic splint from Floyd’s injured ankle and replacing it with an Ace bandage; Floyd saw an orthopedist two days later.
Floyd also alleged he was placed in an isolation cell without a wheelchair for four days, causing delay/denial of a wheelchair.
The district court granted summary judgment for the deputy; Floyd appealed the deputy claim but failed to timely appeal the nurse assistant dismissal, so those claims were dismissed for lack of jurisdiction.
Medical records showed no open ankle wound and radiologists had recommended removal of the splint before additional x‑rays; there was no definitive fracture diagnosis.
The Fifth Circuit affirmed summary judgment as to the deputy: the record lacked evidence the deputy knew of and disregarded a substantial risk of serious harm, and Floyd failed to show the deputy’s personal involvement in denying a wheelchair.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether deputy was deliberately indifferent by removing splint and using an Ace bandage	Floyd: removing splint and replacing it with a bandage exposed him to substantial risk and constituted deliberate indifference	Deputy: acted consistent with medical guidance; no awareness of substantial risk or intent to cause harm; actions at most negligent	Court: No deliberate indifference; summary judgment affirmed
Whether deputy denied wheelchair or was personally involved in that decision	Floyd: lack of wheelchair for four days amounted to constitutional denial of care	Deputy: no evidence he made or was involved in wheelchair decision	Court: Floyd failed to show deputy’s personal involvement; claim dismissed
Whether Floyd preserved claim about being given Ibuprofen instead of morphine	Floyd: (asserted earlier) was given Ibuprofen rather than morphine	Defendant: disputed; district court dismissed	Court: Floyd abandoned this claim on appeal by not briefing it
Whether appellate court had jurisdiction over nurse assistant claims	Floyd: renews claims against nurse assistant on appeal	Defendant: appellee relied on timely-appeal rules	Court: Appeal of nurse assistant claims dismissed for lack of jurisdiction (untimely appeal)

Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference requires subjective awareness of substantial risk)
Bowles v. Russell, 551 U.S. 205 (2007) (strict deadlines for filing notices of appeal govern jurisdiction)
Gobert v. Caldwell, 463 F.3d 339 (5th Cir. 2006) (negligence or medical malpractice insufficient for Eighth/Fourteenth Amendment deliberate indifference)
Carnaby v. City of Houston, 636 F.3d 183 (5th Cir. 2011) (conclusory allegations insufficient to defeat summary judgment)
Memphis Community School Dist. v. Stachura, 477 U.S. 299 (1986) (lack of alleged or actual injury may defeat a constitutional claim)